User Terms Policy
Seller User Terms:
Seller User Terms document is an electronic document in terms of Information Technology Act, 2000 (“IT Act, 2000”), the applicable rules thereunder and the provisions pertaining to electronic document in various statutes as amended by the Information Technology Act, 2000. This electronic document is generated by a computer system and does not require any physical or digital signatures.
The domain name www.pickzkart.com (hereinafter referred to as 'Website') is owned by Pickzkart Online Services Pvt Ltd (hereinafter referred to as 'Pickzkart '), a company incorporated under the Companies Act, 1956, with its registered office at Plot # 23, H.No.35-77/6, Brundavan Colony, Neredmet X Roads, Sainikpuri, Secunderabad 500094, Telangana, India.
For the purpose of the User Terms Policy (hereinafter referred to as “UTP”), wherever the context so requires, ‘you’ and ‘your’ shall relate to any natural or legal person who has agreed to become a seller on the Website by providing registration data while registering on the Website using computer systems. The word ‘user’ shall collectively imply a seller, a buyer, and any visitor on the Website and the terms ‘we’, ‘us’ and ‘our’ shall mean Pickzkart.
Your use of the Website, services, and tools is governed by the following terms and conditions (UTP) including applicable policies incorporated herein by way of reference. If you transact on the Website, you shall be subject to the policies that are applicable to the Website for such a transaction. By mere use of the Website you shall be contracting with Pickzkart, and these terms and conditions including the policies constitute your binding obligations to Pickzkart.
When you use any of the services provided by us through the Website including but not limited to (e.g. customer reviews) you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the UTP and considered a part and parcel of the UTP. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the UTP at any time and without any prior written notice to you. It is your responsibility to review the UTP periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the UTP, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
If you use the Website, you shall be responsible for maintaining confidentiality of your display name, login and password details and all activities that occur with the use of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the UTP, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.
When you use the Website or send emails, other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically or as and when required. We may communicate with you by email or any other mode of communication, electronic or otherwise.
The use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a seller on the Website, transact or use the Website. Pickzkart reserves the right to terminate your registration and/or refuse you access to the Website if it is brought to Pickzkart ’s notice or discovered that you are under the age of 18 years. If you register as a business entity, you represent that you are duly authorized by the business entity to accept the UTP and you have the authority to bind the business entity to the UTP.
Platform for Transaction and Communication
The Website is a platform that users utilize to meet and interact with one another for their transactions. Pickzkart is not and cannot be a party to or control in any manner any transaction between users on the Website.
1. All commercial/contractual terms are offered by you and agreed upon between you and buyers alone. The commercial/contractual terms include (without limitation) price, shipping costs, payment methods and terms, date, period, and mode of delivery, and warranties and after-sales services related to products and services. Pickzkart does not determine advice, have any control, or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and buyers.
2. Pickzkart does not make any representations or warranties regarding specifics (such as quality, value, and scalability) of the items or services proposed to be sold, offered to be sold or purchased on the Website. Pickzkart does not implicitly or explicitly support or endorse the sale or purchase of any items and services on the Website. Pickzkart accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. Pickzkart is not responsible for any non-performance or breach of any contract between you and buyers. Pickzkart cannot and does not guarantee that you and buyers concerned will perform transaction(s) concluded on the Website. Pickzkart shall not and is not required to mediate or resolve disputes or disagreements between you and buyers.
4. Pickzkart does not make any representations or warranties regarding item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its users. You are advised to independently verify the bona fides of any particular buyer you choose to deal with on the Website and use your best judgment in that regard.
5. At no time shall Pickzkart hold any right/title to or interest in the items nor have any obligations or liabilities with respect to such a contract. Pickzkart is not responsible for unsatisfactory or delayed performance of services, damages, or delays as a result of items which are out of stock, unavailable, or back-ordered.
6. Pickzkart does not at any point in time during a transaction between you and a buyer on the Website come into or takes possession of any of the products or services offered by you, gain title to or have any rights or claims over the products or services offered by you to the buyer.
7. The Website is only a platform that can be utilized by you to reach a larger customer base to sell items or services. Pickzkart only provides a platform for communication and it is agreed that the contract for sale of any products or services shall be a strictly bipartite contract between you and the buyer.
8. You release and indemnify Pickzkart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users on the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Pickzkart cannot control the information provided by other users which is made available on the Website. You may find other user's information to be offensive, harmful, inaccurate or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with underage persons or people acting under false pretence.
Use of the Website
You agree and understand that Pickzkart and the Website merely provide hosting services to its registered users and persons browsing/visiting the Website. All items advertised / listed and the contents therein are advertised and listed by registered users and are third party user generated contents. Pickzkart neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Pickzkart has no control over the third party user generated contents. Pickzkart is merely an intermediary and does not interfere in the transaction between buyers and sellers.
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
2. You shall not use any ‘deep-link’, ‘page-scrape’, ‘robot’, ‘spider’, automatic device, program, algorithm, methodology, or any similar or equivalent manual process to access, acquire, copy, monitor any portion of the Website or content or in any way reproduce, or circumvent the navigational structure, presentation of the Website, or any content to obtain or attempt to obtain any material, documents, or information through any means not purposely made available through the Website. We reserve our right to bar any such activities.
3. You shall not probe, scan or test the vulnerability of the Website or any networks connected to the Website or breach the security, authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace information on any other user of or visitor to Website (including any account on the Website that is not owned by you) or to its source or exploit the Website, any service, information made available, or offered by or through the Website in any way where the purpose is to reveal any information (including but not limited to personal identification or information other than your own information) provided by the Website.
4. You shall not make any negative, denigrating, or defamatory statement(s)/comment(s) about us, the brand name or domain name used by us, including the terms Pickzkart .com or otherwise engage in any conduct or action that might tarnish the image or reputation of Pickzkart or sellers on the platform or otherwise tarnish or dilute any Pickzkart trade mark, service marks, trade name and/or goodwill associated with such trade, service marks or trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Pickzkart ’s systems, networks, or any systems or networks connected to Pickzkart .
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, any transaction being conducted on the Website or any other person’s use of the Website.
6. You shall not attempt to gain unauthorized access to any portion or feature of the Website, other systems, networks connected to the Website, server, computer, network, or the services offered on or through the Website by hacking, password ‘mining’, or any other illegitimate means.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message, transmittal you send to us on or through the Website, or any service offered on or through the Website. You may not pretend that you are or represent someone else or impersonate any other individual or entity.
8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000, and the rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Integrated Goods and Services Tax Act, Central Goods and Services Tax Act, relevant State Goods and Services Tax Act or Union Territories Goods and Services Tax Act and Custom Duty, Local Levies as may be applicable) and obtain the necessary licences and permits regarding your use of our Website, service and/or tools and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Antiquities and Art Treasures Act, 1972, and shall ensure that it is not delivered to any buyer at any place outside India.
10. From time to time you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other users on the Website in any manner.
11. You may not use the Website or any content for any purpose that is unlawful or prohibited by the UTP or to solicit the performance of any illegal activity or other activity which infringes the rights of Pickzkart and/or others.
12. You shall not engage in advertising or solicitation of other sellers on the Website to buy or sell any products or services, including but not limited to products or services related to what is displayed on the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Website. It shall be a violation of the UTP to use any information obtained from the Website in order to harass, abuse, or harm others or contact, advertise and sell to or solicit persons other than those who have chosen to buy from you. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a seller may send to other users in any 24-hour period, which we deem appropriate at our sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons who have provided information or material on the Website) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with the investigation of an alleged illegal activity or its solicitation and/or response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorized us to) disclose any information about you to law enforcement or other government officials as we, at our sole discretion, deem necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. We reserve the right, but have no obligation, to monitor the material posted on the Website. Pickzkart shall have the right, at its sole discretion, to remove or edit any content that violates or is alleged to violate any applicable law or either the spirit or letter of the UTP. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIAL YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not reflect Pickzkart ’s views. In no event shall Pickzkart assume or have any responsibility or liability for any content posted on the Website or claims, damages, or losses resulting from its use and/or appearance of it on the Website. You hereby represent and warrant that you have necessary rights to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any misleading, libelous, tortious, or otherwise unlawful information.
13. Your correspondence or business dealings with or participation in the promotion of advertisers on or through the Website (including payment and delivery of related products or services, any other terms, conditions, warranties, or representations associated with such dealings) are solely between you and such advertisers. We shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or the presence of such advertisers on the Website.
14. It is possible that other users (including unauthorized persons or ‘hackers’) may post or transmit offensive or obscene material on the Website and that you may be involuntarily exposed to such material. It is also possible for others to obtain personal information about you due to your use of the Website and use such information to harass or injure you. We do not approve of such unauthorized uses but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
15. Pickzkart shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group(s) of people, intentionally or unintentionally, in DoS (denial of service) / DDoS (Distributed Denial of Services).
Compliance on selling of goods/services
You shall also ensure full compliance with the provisions of Integrated Goods and Services Tax (IGST), Central Goods and Services Tax (CGST) and Union Territory Goods and Services Tax (UTGST) or State Goods and Services Tax (SGST) in respect of the goods/services supplied by you.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Pickzkart shall not be responsible for any deficiency and/ or omission on your part.
Pursuant to the tax collection at source provisions under IGST, CGST and/UTGST or SGST, the portal would collect tax collection at source at applicable rates on net value of taxable supplies made through the portal and remit to the appropriate Government.
In case of any mismatches on account of tax collection at source, you shall be required to provide all relevant information to Pickzkart to correspond with the relevant authorities and also in case of any liability accruing on account of omission shall be your obligation to pay such deficit.
You shall be required to provide the corresponding Harmonised System Nomenclature (HSN) code number for every product listing . In the event that you do not provide the HSN code number that particular product will be delisted and you will no longer be able to sell the product on our platform.
You shall also be required to provide your GSTIN , without which we will not be able to raise an invoice on you. In the event that you do not provide your GSTIN number, transaction on your account will be blocked and orders will not be processed on your account.
In the event of you providing your Input Service Distributor Registration Number, Pickzkart would be issuing an invoice to the ISD GST registration number as furnished by you. It is your responsibility to undertake the necessary compliance required in respect of the said ISD registration number.
In the event of any conflict between the terms of this clause and any other clause in these User Terms Policy, the provisions of this clause will prevail.
‘Logistic Partner’ shall mean a logistic service provider approved by Pickzkart Online Services.
You are requested to read the following points carefully before booking the consignment:
- Logistic Partner accepts documents for shipping from one destination to other. You may carefully note that your consignment must not contain any letter of communication which will infringe the Indian Postal Act 1983. We accept parcels in good faith that they do not contain anything, which will violate the law.
- 'Shipment / Consignments' means all parcels (excluding documents) that travel under one waybill and which may be carried by any means we choose, including air, road or any other carrier. A 'waybill' shall include any label produced by us under automated systems, air waybill, or consignment note and shall incorporate the UTP. Every Shipment is transported on a limited liability basis as provided herein. If a shipper requires greater protection, seller has to insure their respective consignments.
- Shipments are delivered only to the receiver`s address given by the seller but not necessarily to the named receiver personally.
- Consignments, which are of hazardous nature (Chemicals, flammable articles and liquids) expressly prohibited by the railway/airport authority or any other transport agency, shall not be accepted.
- You shall not enclose cash in the courier consignment and not book jewels, textiles, high value gift articles, share certificates and travel documents. Our liability in cases of any loss or damage to the consignment shall not exceed Rs. 5000 /-
- You shall declare the value of the consignment on the consignment note & shipping label at the time of booking.
- You shall ensure that the consignment is properly packed with thick paper material to avoid damage. You shall use either plain packaging material (without any branding) or packaging material with“Pickzkart .com” name and/or logo for delivery of Products sold on the Website. Under no circumstances shall the packaging material contain name, trademarks, logos, images, symbol, text, graphics, photographs and/or other material or information belonging to any third party including any marketplace other than Pickzkart .
- If more than one consignment is booked to the same consignee on different airway bill numbers, you shall ensure that the full address is written on all the consignments
- Consignments addressed to Ministry Offices and Central Government Offices in New Delhi are put in the box at the gate, due to security reasons as per the direction of the Central Government without taking any POD proof/acknowledgement from the receiver.
- You have to hand over all their consignments before the specified CUT-OFF-TIME for on time delivery.
- Delhivery will be the logistics partner. On sale of the goods to the buyers, the risk of loss and title for such items pass on to the buyers upon the delivery to Delhivery (ie, the carrier) by the seller. The sellers through Pickzkart Online Services would engage Delhivery as a carrier for delivery of goods on behalf of the buyers. Delhivery shall raise the invoice on Pickzkart Online Services for onward delivery of such goods. In the event there is any damage or loss caused to the goods during shipment, then a claim may be made to Delhivery as the carrier for any sort of compensation.
- Delhivery would also be responsible for reverse logistics of goods (on account of goods being rejected or returned/loss of labelling containing the details of the customer, etc). In case of such reverse logistics, Delhivery will raise its invoice for service charges on Pickzkart Online Services.
- Logistic Partner shall not be liable for any loss arising due to the causes beyond its control such as floods, accidents, fire, theft, war etc.
- Every effort is made to adhere to the delivery schedule, but it may be delayed in the circumstances beyond Logistic Partner’s control.
- Any charges levied by any Central/State/Local Authorities in respect of the transportation wherever applicable shall be extra and the seller shall pay it in Indian National Rupees.
- Logistic Partner is not liable for any loss, miss-delivery, delay or damage to any article/things/documents sent and no officer of Logistic Partner is liable for any such loss or delay or damage.
- Logistic Partner has the right but not the obligation, to inspect any shipment without prior intimation to the seller for checking the contents.
- All matters of business should be settled within the jurisdiction of the booking station.
- Parcels shall be accompanied by the documentation necessary for the movement of goods as prescribed by the Govt. of India/respective State Governments to meet the requirements of tax authorities or as per the provisions prescribed under GST laws across the States
- Consignments addressed to a Post Box Number cannot be delivered.
- Seller shall indemnify and hold us, harmless for any loss or damage arising out of seller’s or Shipper’s failure to comply with any applicable laws or regulations and for breach of the following warranties and representations:
- The invalidity or unenforceability of any provision herein shall not affect any other part of this UTP.
- Dead/dry weights or volumetric weight, whichever is higher, will be charged & considered while calculating the weights & rates and will be billed to next higher half or one kg. The final weights will be marked by Logistic Partner itself. Any discrepancies in weight shall be rectified before final delivery to the customer. No post delivery weight disputes will be taken up by us.
- All non documents consignments must accompany all statutory declarations and invoices for speedy regulatory clearances.
- Seller has to provide at least 2 copies of invoice/declaration to facilitate delivery.ol>Regular pick up will be carried out on the business days. Transit time will not include non –business days.
- Notwithstanding anything contained anywhere or earlier agreed between the parties, any consignment which is returned back to origin (RTO) for any reason whatsoever shall be chargeable at the same rate at which the consignment was initially booked by the seller and the seller shall be liable for the payments of such RTO service charges without raising any objections or disputes whatsoever.
- Logistic Partner will process all the parcels and process through its various branches.
- Logistic Partner may provide web based online tracking for the shipments carried in its network.
- Customer may be provided facility to pay in cash or through card wherever possible for Cash on Delivery shipments. Logistic Partner will be liable for the damage to the shipment only if shipment has been identified as “damaged” by Logistic Partner before delivery to customer or customer has rejected the shipment with reason as “damaged shipment”.
- Logistic Partner will not take any responsibility of damage to shipments for reverse pickup from customer or customer rejection of shipment at the time of delivery unless the same is on account of damage caused by Logistic Partner.
- The first attempt for delivery of shipment shall be made by Logistic Partner within 7 business days after pickup from the location.
- Once a reverse pickup request is received by Logistic Partner, first pickup attempt for reverse pickup from consignee will be made within the next business two days.
- If shipment could not be picked up from consignee location because of reasons beyond Logistic Partner’s control, Logistic Partner will not be held responsible for the same.
- Logistic Partner reserves the right to cancel the reverse pickup request without any prior intimation.
As a registered seller, you shall list item(s) for sale on the Website in accordance with the policies which are incorporated by way of reference in this UTP. You must be legally able to sell the item(s) you list for sale on our Website and must have all the necessary licences and permits required for such sale. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount that you may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. Pickzkart reserves the right to delete such multiple listings of the same product listed by you in various categories.
For Food and Nutrition category, seller shall adhere to the minimum balance shelf life norms as provided at the link here
All items purchased from the sellers through Pickzkart .com would be delivered by the sellers (delivery shall be further facilitated by Pickzkart Online Services) to the carrier/logistics partner on behalf of such buyers. Delhivery will act as the carrier for the buyers. Therefore, the risk of loss and title for such items pass on to the buyers upon the delivery to Delhivery (ie, the carrier/logistics partner) by the seller and in event there is any damage or loss caused to the goods during shipment, and then a claim may be made to Delhivery as the carrier for any sort of compensation.
For arranging the transportation for the buyer, the seller has the liberty to charge the buyers a delivery fee.
Notwithstanding anything contained herein, Sellers participating in the Smart Fulfillment Program, shall adhere to the terms as provided in the link here
Content Posted on the Website
All text, graphics, seller interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, notes, messages, emails, billboard postings, drawings, profiles, opinions, ideas, images, videos, audio files, other material or information (collectively ‘content’) are third-party generated content and Pickzkart has no control over such third-party generated content as Pickzkart is merely an intermediary for the purposes of this UTP. Except as expressly provided in the UTP, no part of the Website and content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication, distribution or any commercial enterprise without Pickzkart ’s prior written consent.
You may use the information on the products and services made available on the Website for downloading provided you:
(1) do not remove any proprietary notice language in all copies of such documents;
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it to any media;
(3) make no modifications to any such information; and
(4) do not make any additional representations or warranties relating to such documents.
Pickzkart grants seller a limited, non-transferable, non-exclusive, non-sub licensable, non-assignable and personal license to use "Powered by Pickzkart “and/or “Pickzkart .com” name and/or logo on seller’s invoice for transactions concluded on the Website. Further, Pickzkart grants seller a limited, non-transferable, non-exclusive, non-sublicensable, non-assignable and personal license to use “Pickzkart .com” name and/or logo on packing material used by seller for delivery of Products sold on the Website.
Protection of your privacy is of utmost importance to us. We understand clearly that you and your personal information are among our most important assets. We store and process your information including any sensitive financial information collected (as defined under the IT Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the IT Act, 2000, and the rules thereunder. If you object to your information being transferred or used in this manner, please do not use the Website.
We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
1. Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between sellers and buyers and the payment facility is merely used by sellers and buyers to facilitate the completion of transactions. Use of the payment facility shall not render Pickzkart liable or responsible for non–delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after-sales or warranty services or fraud as regards the products and/or services listed on the Website.
2. You have specifically authorized Pickzkart or its service providers to collect, process, facilitate, and remit payments and/or the transaction price electronically or through cash on delivery (CoD) to and from buyers in respect of transactions through payment facility. Your relationship with Pickzkart is on a principal to principal basis and by accepting the UTP, you agree that Pickzkart is an independent contractor for all purposes and does not have control of or liability for the products or services that are listed on the Website and paid for by using the payment facility. Pickzkart does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
3. You understand, accept, and agree that the payment facility provided by Pickzkart is neither a banking nor financial service, but merely a facilitator providing an electronic, automated online electronic payment facility for receiving payment, or cash on delivery (CoD) payment, collection and remittance for transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway (PG) network. Further, by providing payment facility, Pickzkart neither acts as a trustee nor fiduciary with respect to transaction or transaction price.
It is hereby clarified that cash on delivery (COD) option may not be available for select products or categories, at Pickzkart ’s sole discretion.
Payment Facility for Sellers:
1. You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period as provided in the policies to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold on the Website. For avoidance of doubt, Pickzkart will not be responsible for undertaking any insurance(s) for products sold by sellers on the Website. It is hereby clarified and agreed by the seller that Pickzkart is merely a facilitator so far logistic services are concerned and logistic services are provided by the Logistic Partner. Further, as and when the goods are shipped through such Logistic Partner, seller shall enter into a bi-partite contract with the Logistic Partner and Pickzkart shall not be a party to such contract / transaction and all rights / liabilities / obligations with respect to such logistic services shall be between seller and Logistic Partner.
2. Seller shall provide dispatch details and details of after-sales services related to products and services to Pickzkart in such a manner and within a time period as provided in the policies, failing which the transaction shall stand cancelled.
3. Seller shall dispatch the products and/or services using only an approved delivery channel which provides appropriate ‘proof of dispatch’ & ‘proof of delivery’ (PoDs) documentation. Such PoD documentation relating to delivery should be maintained by a seller for a period of twelve (12) months from the date of dispatch. The PoDs should be furnished to Pickzkart on demand within the time frame as notified from time to time.
4. Seller agrees that the dispatch details shall be true, correct, and duly authorized and shall not be misleading, fraudulent, false, unauthorized, and illegal and shall not contain any misrepresentation of facts.
5. In case a seller fails to provide dispatch details or provides dispatch details not complying with policies, it shall result in consequences as more specifically stated in the policies and may lead to suspension and/or termination of seller account.
6. Seller agrees that the transaction price paid by a buyer will be remitted to a seller’s bank account contingent upon the following events:
a) Buyer confirms the delivery of products and/or services in the transaction;
b) Buyer does not take any action on payment facility to confirm delivery within such a time period as provided in the policies despite confirmation of dispatch of products and/or services by a seller to the buyer;
c) Buyer’s refund claim is rejected by Pickzkart due to any breach of the UTP, policies, and any applicable law;
d) Remittances to a seller (after deduction of commissions at applicable rates) for successful transactions under promotional offers may be made in multiple transactions through its bank accounts and would be in compliance with directions issued by the Reserve Bank of India (RBI) for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries vide its notification RBI/2009-10/231 DPSS.CO.PD.No.1102 / 02.14.08/ 2009-10 dated November 24, 2009 (‘RBI Intermediary Guidelines”).
Offers are marketing activities as part of which buyers are offered discounts or free products provided they meet the offer criteria. These could be referred to under the Pickzkart Promotions section on the seller portal.
Remittances to a seller for CoD transactions (after deduction of commissions at applicable rates) shall be made through cheque/demand draft or online bank transfer which may be in multiple transactions through its bank accounts; to the seller’s bank account in accordance with transaction timelines prescribed in clause (e) herein below.
e) Transaction Timelines: Transaction on the Website shall be deemed to be complete only once the following action items are concluded by the respective parties as detailed below: Action Item Days
|Sl. No||Action Item||Days|
|1||Seller to procure and ship the product(s) sold||1 - 21 days|
|2||Logistics partner to ship and deliver (install, wherever applicable) the product(s) sold (post step 1)||2 - 7 days|
|3||Buyer to confirm (post step 2)||1 - 45 days|
Exemptions to the above-listed timelines:
f) Pre-orders where buyer places an order in advance and receives the item as per the timelines stated on the Website,
g) International procurement where buyer procurement takes more than 21 days as on the website Once the transaction is completed as stated above, the remittance to seller shall be made in accordance with RBI Intermediary Guidelines.
Prepaid Payment Instruments
Pickzkart may, either itself or through third-party service providers, offer prepaid instruments as a payment option for transactions on the Website to users. Any purchases by buyers on the Website using the prepaid instruments shall be governed by the following terms and conditions:
- Such prepaid instruments may be used to make payments for the products purchased on the Website
- Such prepaid instruments can be redeemed by buyers by selecting the payment mode as may be provided on the Website.
- Such prepaid instruments cannot be used to purchase other prepaid instruments or gift vouchers.
- If the order value exceeds the amount of such prepaid instruments, the balance must be paid by the respective buyer via Credit Card/Debit Card /Internet Banking. COD shall not be available as payment option for such transactions.
- If the order value is less than the amount of such prepaid instruments, the outstanding balance (after deduction of order value) will reflect as credit balance for such prepaid instruments.
- Prepaid instruments and any unused balance of such prepaid instruments shall expire 1 year from the date of their issue.
- Prepaid instruments cannot be redeemed for Cash.
- Pickzkart is not responsible if prepaid instruments are lost, stolen, or used without permission.
- Buyers can combine and use a maximum of 3 prepaid instruments per order. They can be combined with promotional codes.
- Purchases of prepaid instruments are not eligible for cashback offers.
- All sellers on the Website will accept this prepaid instrument as a payment instrument.
- Pickzkart will be responsible for making payments to sellers.
- Pickzkart will make payments to sellers whose products have been purchased by buyers redeeming electronic gift vouchers (EGV) as per the guidelines issued by the Reserve Bank of India from time to time.
Registration on the Website is free. Pickzkart does not charge any fee for browsing/registering on the Website. However, before you list an item for sale through the Website, we request you to review our fee policy, which is hereby incorporated by reference into this UTP. Pickzkart reserves the right to change its fee policy from time to time. In particular, Pickzkart may, at its sole discretion, introduce new services and modify some or all of the existing services offered on the Website. In such an event, Pickzkart reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees (INR) and payable to Pickzkart . You shall be solely responsible for compliance with all applicable laws, including those in India, for making payments to Pickzkart .
You are responsible for paying all fees associated with the use of the Website and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, cesses levied thereon (including CGST+SGST/IGST/CGST+UGST and GST cess as may be applicable to the transaction).I.
Rules for Express Remittance for Qualified sellers
1. A seller agrees that Pickzkart may offer to provide Express Remittance to qualified sellers. Express Remittance shall be subject to RBI Intermediary Guidelines and arrangements/directions of the nodal bank. Pickzkart , at its sole discretion, may make such an offer to qualified sellers and the same shall not be construed as a right but only as a privilege. Qualified sellers understand that Pickzkart reserves the right to withdraw Express Remittance at any time for any violation of the UTP or Pickzkart ’s policies and/or failure by qualified sellers to maintain or comply with the parameters as may be decided by Pickzkart from time to time.
2. Invoice generation: A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. We will assist you with this process by generating an invoice on your behalf. For us to generate these invoices, we would need a digital image of your signature which will be affixed on the invoice. The invoice shall then be generated and sent to the seller. The seller shall be required to physically sign the invoice, print the invoice and affix the same on the consignment. The invoice generated by Pickzkart shall be affixed by the seller on the consignment. Notwithstanding anything else contained in these User Terms Policy, the seller shall be solely liable for any liability which may be imposed by taxation authorities for any discrepancy in the invoices.
A seller expressly agrees that issuing correct and complete invoice is the sole and primary responsibility of a seller. Furthermore, seller shall ensure that invoices state ‘Powered by Pickzkart ’ and failing to do so, a seller shall be liable to chargebacks (as applicable).
3. In case of any chargebacks levied by the bank, Pickzkart shall have the right to deduct such chargebacks from seller remittances, present and future, and a seller’s only remedy will be to discuss and resolve the same with the bank. A seller hereby agrees to extend full co-operation in resolving the chargeback disputes raised by a buyer through the bank and shall provide necessary documentation regarding the transaction to the complete satisfaction of the bank. In case the chargeback is ruled against a seller, Pickzkart shall be entitled and authorized to recover the same from the seller to its fullest extent and the bank’s decision shall be final and binding in this regard. In the event Pickzkart has made any excess payment to seller inadvertently, such excess payments shall be set-off from any future payments payable by Pickzkart to the seller.
4. Pickzkart may delay notifying the payment confirmation, i.e. informing seller to dispatch if Pickzkart deems suspicious or a buyer conducts high transaction volumes to ensure safety of the transaction and transaction price. In addition, Pickzkart may hold transaction price and not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to a buyer) at the request of law enforcement officials or in the event of a buyer being engaged in any form of illegal activity.
5. Sellers acknowledge that Pickzkart will not be liable for any damages, interests, claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price that is beyond the control of Pickzkart .
6. Pickzkart shall make payments into the bank account provided by a seller during the seller registration process. Once Pickzkart has made payments into such a bank account number, Pickzkart shall be discharged of any/all liabilities towards the seller and the seller shall not be eligible for any claims whatsoever.
Compliance with Laws:
1. Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment ) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, GST Acts and rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Legal Metrology Act, 2009 and the rules made thereunder, Export Import Policy of Government of India) and obtain the necessary licences and permits applicable to them [including the licences under the Foods Safety and Standards Act, 2006 for sale of products under Food and Nutrition category] for using Payment Facility and Website.
2. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank that supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between a seller buyer and the respective issuing bank.
3. In the event of sale of jewellery, seller shall provide hallmark certificate (in accordance with applicable laws) along with the product at the time of delivery. Further, it shall be sole responsibility of the seller to comply with hallmarking or other similar provisions applicable for the sale of jewellery and Pickzkart shall not be liable whatsoever for any non-compliance in this regard.
4. In the event of sale of jewellery, seller shall ensure conducting of buyer KYC in accordance with the prevention of anti-money laundering laws and other applicable laws. Pickzkart hereby disclaims any responsibility for conducting Buyer KYC.
The ‘Wallet’ is a prepaid payment instrument which is associated with your account. You can maintain a balance of money with buyers (if permitted) and redeem it at your convenience. Please note that you will be the issuer of Wallet and you shall be responsible for redeeming the money lying in buyer’s Wallet account and Pickzkart does not assume any risk, liability or responsibility with respect to Wallet money. You will not pay any interest on the amount maintained by a buyer in the seller-specific Wallet.
Refund of Wallet Amount:
Wallet comprises three types of balances – store credit (which is a credit granted by us typically in lieu of a cancelled order), topped-up balance (which is a prepaid amount that a buyer adds to the Wallet to pay for future orders on the Website) and promotional balance (which is a credit granted by us purely for promotional or goodwill purposes). Topped-up balance as well as promotional balance added to the Wallet will be non-refundable, while store credit will continue to be entirely refundable.
Pickzkart does not warrant that product description or other content on the Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Pickzkart shall have the right to inspect and audit seller’s records and premises / place of business through itself or through Pickzkart approved third party testing agencies. Cost of such audit shall solely be borne by Pickzkart unless audit reflects discrepancy in seller accounts / non-compliance with Pickzkart ’s seller policies, in which case cost of audit shall be borne by the seller.
Without limiting other remedies, we may limit your activity, immediately remove your information, warn other users of your actions immediately, temporarily/indefinitely suspend/terminate/block your account and/or refuse you access to the Website in the event of, including but not limited to, the following:
2. if we are unable to verify or authenticate any information you provide; or
3. if it is believed that your actions may cause legal liability for you, other users, or us;
Pickzkart respects the intellectual property of others. In case you feel that your trademark has been infringed, you can write to Pickzkart at email@example.com
Pickzkart respect the intellectual property of others. In case you feel that your work has been copied in any way that constitutes copyright infringement you can write to Pickzkart at firstname.lastname@example.org
Trademark, Copyright and Restriction
The Website is controlled and operated by Pickzkart and products are sold by respective registered sellers. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks and other intellectual property rights. You must not copy, reproduce, republish, upload, post, transmit, or distribute Pickzkart ’s or other sellers’ material in any way, including by email or other electronic means and whether, directly or indirectly, you must not assist any other person to do so. Without the prior written consent of the owner, modification or use of the material on any other website/networked computer environment or for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights is prohibited. Any use for which you receive any remuneration, whether money or otherwise, is a commercial use for the purposes of this clause.
Limitation of Liability
IN NO EVENT SHALL PICKZKART BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE UTP, EVEN IF PICKZKART HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable LawThe UTP shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Hyderabad, Telangana.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Pickzkart makes no representation that the material on the Website is appropriate or available for use in other locations/countries other than India. Those who choose to access the Website from other locations/countries other than India do so on their own initiative and Pickzkart is not responsible for supply of products/refund for the products ordered from other locations/countries other than India and compliance with local laws, if and to the extent local laws are applicable.
Please send any comments or questions, including all enquiries not related to trademark and copyright infringement, on the Website to email@example.com
In accordance with the IT Act, 2000, and the rules thereunder, contact details of the grievance office are provided below:
Pickzkart Online Services Private Limited
Plot # 23, H.No.35-77/6, Brundavan Colony, Neredmet X Roads, Sainikpuri, Secunderabad 500094, Telangana, India.
Time: Mon – Sat (9:00 – 18:00)